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need, no,the complainant only has to state the facts. he does not need to specify which specific provision was violated. the prosecutor can decide.

fungks, no. mere absence of the complainant is not a basis to dismiss case, but it can be held against him if the prosecutor wanted more info.

after you file your counter affidavit, then the other side may file a reply. it is totally up to you if you want to enter into a compromise.

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another question please.. If hindi ba ako umattend sa hearing this coming july 5, what will be its effect to my case..If i enter into a compromise how should i state that into my counter affidavit? i mean paano ko po ilalagay? im new to this and i am afraid to go to jail.. > help.. thnks Atty.

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I need a legal advice regarding an estafa case filed against my sister. Let me elaborate on the details. On October of 2010, she got some goods worth PhP97000 from a supplier who offered her products. My sister, due to some unfortunate reasons failed to settle the amount on the due date--Dec 2010. However, she explained to the supplier that she would pay when she is able to. On March 2011, my sister received a subpoena, asking her presence before a court. She filed a counter affidavit within the allotted period of 10 days from receipt of said subpoena. However, by June of 2011, the fiscal has issued a resolution recommending a bail amount for my sister to pay because of FAILURE to submit an affidavit. Is it possible that they did not receive the counteraffidavit? Then a warrant of arrest is subsequently issued. During the whole period, the supplier and my sister have been communicating with each other. I am shocked that this supplier filed a case against my sister who has expressed her intention to pay from the very beginning.

Please advise us how we are going to proceed with this case since a warrant of arrest has already been issued.

jenie, is there a written contract? you can file a complaint in court to reform or annul the contract for having an unconscionable rate of interest.

dani, your concern should be to file bail. your sister has to face the case. they can settle during mediation.

odlanyer, shipmate? were you guys outside the philippines when this happened? what is the registry of your ship?

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when your friend issues a loan, is she the creditor or is it the financier?

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candy, if he can prove that your led him on to believe you would marry him, then he can argue that it was estafa through other deceits.

ruth, does the prosecution have a demand letter which is acknowledged to have been received by your husband? the supreme court has decreed that if applicable, only a fine be the punishment in bp 22

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written agreement is not required to prove estafa. does he have emails or chats telling you what you are supposed to do with the money?

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after twice na pinatawag siya sa homeowners, sa 3rd time lang siya sumipot tapos sabi po sa 19 siya aalis. up to now hindi pa din po. i had the part when she promised she would leave on the 19th recorded sa cellphone ko. she also promised na bayaran yung bills niya. up to now hindi pa din.

not estafa. you have to serve letter demanding they leave and pay for arrears, then a case at bgy for ejectment.

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